Section 99-A. Justice court fund  


Latest version.
  • 1. All moneys received by the comptroller
      pursuant to section twenty hundred twenty-one   of the  uniform  justice
      court  act,  section  twenty-seven of the town law, section 4-410 of the
      village law, section eighteen hundred  and  three  of  the  vehicle  and
      traffic  law,  section  forty-five  of  the agriculture and markets law,
      sections 71-0211, 71-0507 and 71-0521 of the environmental  conservation
      law,  section  fifty-two of the workers' compensation law, section 27.13
      of the parks, recreation and  historic  preservation  law,  section  two
      hundred  one  of  the  navigation law and pursuant to this section shall
      constitute a special fund to be held by the comptroller and to be  known
      as the justice court fund. Notwithstanding any general, special or local
      law  which  provides  for  the  direct  payment  of  fines, penalties or
      forfeitures to a state or local governmental unit, official  or  agency,
      and  except as provided in subdivision three of this section, all fines,
      penalties or forfeitures received by a town  or  village  justice  court
      shall  be  paid  first to the state comptroller pursuant to this section
      and the  other  aforementioned  sections  of  law  whereupon  the  state
      comptroller  shall  distribute  such moneys to the proper state or local
      governmental unit, official or fund pursuant to subdivision two of  this
      section.  The justice court fund shall be deposited to the credit of the
      comptroller in one or more state banks, trust companies or savings banks
      as may be designated by the comptroller at such  rate  of  interest,  if
      any, as from time to time may be agreed upon by the depositories and the
      comptroller.
        2.   The  comptroller  shall  examine  the  reports  accompanying  the
      remittances and shall determine the amounts which shall be  credited  to
      or  charged  to  the  state,  any  special  fund of the state, towns and
      villages on account of fines, penalties, forfeited bail, fees or  costs,
      and shall on the last day of March, June, September and December of each
      year,  or  as  soon  as  practical thereafter, state an account with the
      general fund of the state, the special funds of  the  state,  towns  and
      villages,  and  shall  pay to the general fund of the state, the special
      funds of the state and towns and villages  any  balance  to  the  credit
      thereof and shall demand and receive from any town or village the amount
      of  any  balance  chargeable  to  such  town  or  village.  Such reports
      accompanying the remittances may be filed in paper form or by electronic
      transmission or in such other media form as the  comptroller  determines
      offers reasonably the same degree of accountability and control provided
      by the filing of a paper document.
        3.  The  comptroller  is  hereby  authorized  to implement alternative
      procedures, including guidelines in conjunction therewith,  relating  to
      the remittance of fines, penalties, forfeitures and other moneys by town
      and village justice courts, and by the Nassau county traffic and parking
      violations agency, to the justice court fund and for the distribution of
      such  moneys  by  the justice court fund. Notwithstanding any law to the
      contrary, the alternative procedures utilized may include:
        a. electronic funds transfer;
        b. remittance of funds by the justice court to the chief fiscal office
      of the town or village, or, in the case of the Nassau county traffic and
      parking violations agency, to the county treasurer, for distribution  in
      accordance with instructions by the comptroller; and/or
        c. monthly, rather than quarterly, distribution of funds.
        The comptroller may require such reporting and record keeping as he or
      she  deems  necessary  to  ensure  the  proper distribution of moneys in
      accordance with applicable laws. A justice court or  the  Nassau  county
      traffic  and parking violations bureau may utilize these procedures only
      when permitted by the comptroller, and such permission, once given,  may
      subsequently be withdrawn by the comptroller on due notice.